Ask: related issues of patent law

1. No, because the requirement of novelty has been lost.

To obtain a patent, we must meet the requirements of novelty, creativity and practicality.

Novelty requirement: it has not been publicly used or published in China or published abroad before the application date.

Exception: (1) Inventions and creations exhibited for the first time at international exhibitions sponsored or recognized by the China government shall not lose their novelty if they apply for patents within 6 months from the date of exhibition. International exhibitions organized by the China Municipal Government include exhibitions organized by the State Council, ministries and commissions or other institutions or local governments approved by the State Council.

(2) An invention-creation first published at a specific academic conference or technical conference shall not lose its novelty if it is patented within six months after publication. The academic conference or technical conference mentioned here refers to the academic conference or technical conference organized by the relevant competent departments or national academic organizations in the State Council, excluding those organized below the provincial level or entrusted by or held in the name of the State Council ministries or national societies.

(3) If others disclose the contents of the invention and creation without the consent of the applicant, if the applicant applies for a patent within 6 months from the date of disclosure of the invention and creation, novelty will not be lost. Disclosure of other people's inventions and creations without the consent of the applicant, including disclosure of other people's inventions and creations without complying with express or implied confidentiality agreements, and disclosure after others obtain the inventions and creations from inventors or other people who know the inventions and creations by means of threats, fraud or economic espionage.

Where a cooperative work can be used alone, the authors may enjoy the copyright of their respective parts, but the exercise of copyright shall not infringe upon the copyright of the cooperative work as a whole.

If a cooperative work cannot be used alone and the co-authors cannot reach an agreement on the exercise of copyright, neither party may prevent the other party from exercising it without justifiable reasons.

If the use of B is justified, it does not constitute infringement. Improper, depends on the nature of its behavior.